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11-438 - Arthur v. Davenport et al (DEATH PENALTY)(JOINT ASSIGN)


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11-438 - Arthur v. Davenport et al (DEATH PENALTY)(JOINT ASSIGN)
November 3, 2011
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MEMORANDUM OPINION AND ORDER granting 23 MOTION to Dismiss; declining supplemental jurisdiction over Count IV. Signed by Honorable Judge Mark E. Fuller on 11/3/2011. (br, )
October 9, 2012
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ORDER denying 71 Motion for Reconsideration, as further set out. Signed by Honorable Judge Mark E. Fuller on 10/9/12. (scn, )
October 10, 2012
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ORDER denying 86 Motion for Miscellaneous Relief Relating to the October 18-19 Hearing. Signed by Honorable Judge Mark E. Fuller on 10/10/2012. (wcl, )
October 26, 2012
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ORDER OVERRULING as MOOT the plaintiff's 104 Objections and response to Judge Moorer's 10/12/2012 order, as further set out in order. Signed by Honorable Judge Mark E. Fuller on 10/26/12. (djy, )
October 31, 2012
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ORDERED that Plf's objection as to Judge Moorer's 102 Order denying Plf's Motion to Compel the Deposition of Dfts' Expert Witness, Dr. Mark Dershwitz, which is contained in Plf's 107 Objections, is OVERRULED as MOOT. Signed by Honorable Judge Mark E. Fuller on 10/31/2012. (wcl, )
October 31, 2012
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ORDERED that Dfts file a response to Plf's 107 Objections regarding (1) Judge Moorer's 89 Order denying Plf's Motion to Compel Entry Upon Land for Inspection; and (2) Judge Moorer's 99 Sealed Order on or before 11/9/2012. Signed by Honorable Judge Mark E. Fuller on 10/31/2012. (wcl, )
November 29, 2012
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ORDERED that the discovery deadline, previously set to expire on 12/3/2012, by 119 Order dated 11/2/2012, be continued until 1/18/2013. Signed by Honorable Judge Mark E. Fuller on 11/29/2012. (wcl, )
January 17, 2013
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ORDER construing Dfts' 23 Motion as a Motion for Summary Judgment; ORDERED that any supplemental briefs or evidence that Dfts or Plf wish to present to the Court be submitted on or before 2/22/2013; further ORDERED that the discovery deadline in this case, previously set to expire on 1/18/2013 (see Order, Doc. #128), is hereby CONTINUED until 2/15/2013. Signed by Honorable Judge Mark E. Fuller on 1/17/2013. (wcl, )
February 15, 2013
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ORDER granting in part and denying in part the 135 Motion Regarding Discovery Deadline and Summary Judgment Briefing Schedule to the extent that it requests the discovery deadline in this case currently set to expire on 2/15/2013, be extended to 30 days after this Court decides the last of the outstanding discovery appeals and requests that the Court alter the summary judgment briefing schedule accordingly; DENIED to the extent that the motion seeks to open discovery beyond the two narrow discovery issues; further ORDERING that (1) The discovery deadline in this case shall be CONTINUED to 30 days after the Court resolves the last of the discovery appeals now pending before it; (2) the parties' motions for summary judgment shall be due two weeks after the close of fact discovery, as further set out in order. Signed by Honorable Judge Mark E. Fuller on 2/15/13. (djy, )
March 15, 2013
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ORDER that Plaintiff's 143 Unopposed Motion to Extend Discovery for the Limited Purpose of Conducting Dr. Dershwitz's Deposition is GRANTED. The parties' discovery deadline shall be extended until 3/28/2013, for the limited purpose of allowing Plaintiff to depose Defendants' expert, Dr. Mark Dershwitz.Signed by Honorable Judge Mark E. Fuller on 3/15/2013. (dmn, )
March 15, 2013
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ORDER that Plaintiff's 144 Motion for Clarification of 3/14/2013 Order is GRANTED. Plaintiff is not required to file a motion for summary judgment on or before 4/5/2013, and the Court will consider Plaintiff's opposition and supporting evidence to any dispositive motion filed by Defendants. Pursuant to the briefing schedule set forth in the Court's 138 Order of 2/15/2013, Plaintiff shall file his response to Defendants' summary judgment motion on or before 4/19/2013. Defendants may file a reply on or before 4/26/2013. Signed by Honorable Judge Mark E. Fuller on 3/15/2013. (dmn, )
September 30, 2013
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MEMORANDUM OPINION AND ORDER: 1. Defendants' Motion to Dismiss or, in the alternative, Motion for Summary Judgment 23 as to Plaintiff's Fourteenth Amendment due process claim (Count II) is DENIED AS MOOT; 2. Defendants' Motion to Dismiss or, in the alternative, Motion for Summary Judgment 23 is DENIED as to Plaintiff's Eighth Amendment "cruel and unusual punishment" and Fourteenth Amendment equal protection claims (Counts I and III); and 3. Pursuant to 28 U.S.C. ยง 1367(c)(1), the Court DECLINES to exercisesupplemental jurisdiction over Plaintiff's state law claim concerning the separation of powers under the Alabama Constitution (Count IV) and such claim is, accordingly, DISMISSED without prejudice. Signed by Honorable Judge Mark E. Fuller on 9/30/2013. (Attachments: # (1) Civil Appeals Checklist)(jg, )
February 5, 2014
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ORDER granting in part and denying in part 153 MOTION to Strike; The declarations of Dr. Strader (Doc. #152-1, Ex. 9.) and Dr. Heath (Doc. #152-1, Ex. 10) that were submitted with Arthur's brief in opposition to the State's motion for summary judgment are hereby STRICKEN; ORDER setting Status Conference for 3/4/2014, at 09:00 AM in Courtroom 2A, before Honorable Judge Mark E. Fuller. Signed by Honorable Judge Mark E. Fuller on 2/5/2014. (furn: Calendar, wr)(wcl, )
September 12, 2014
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ORDER directing as follows, pursuant to September 12, 2014 status conference: (1) On or before October 3, 2014, Plaintiff Thomas D. Arthur may file a motion to amend his complaint to amend his remaining Eighth Amendment claim and his Fourteenth Amendment equal protection claim to reflect the States substitution of midazolam hydrochloride for pentobarbital in its lethal injection protocol, and shall provide the court with legal authority supporting the allowance of the amendment,a s further set out; (2) The State shall have 14 days from the date of filing of the motion to respond, and Arthur shall have seven days thereafter to reply. Signed by Chief Judge William Keith Watkins on 9/12/14. (scn, )
January 8, 2015
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ORDERED that Plf shall respond, in writing, on or before 12:00pm, C.S.T., on 1/12/2015 re 198 Emergency MOTION to Alter or Amend 195 Memorandum Opinion and Order Filed January 5, 2015). Plf's resp shall be limited to 25 or less pages. Signed by Chief Judge William Keith Watkins on 1/8/2015. (kh, )
January 15, 2015
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MEMORANDUM OPINION AND ORDER denying 198 Emergency MOTION to Alter or Amend 195 Memorandum Opinion and Order, as further set out in order. Signed by Chief Judge William Keith Watkins on 1/15/2015. (wcl, )
February 17, 2015
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MEMORANDUM OPINION AND ORDER directing that Arthur's Emergency Motion to Stay Execution (Doc. # 216) is GRANTED; Arthur's February 19, 2015 execution date is STAYED pending a trial and final decision on the merits of his claims, as further set out. Signed by Chief Judge William Keith Watkins on February 17, 2015. (scn, )
August 28, 2015
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DISCOVERY ORDER; ORDER that the 248 Request for Discovery be construed as a motion to compel; ORDER granting in part and denying in part 248 Motion to Compel, as further set out in order. Signed by Chief Judge William Keith Watkins on 8/28/2015. (wcl, )
October 5, 2015
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ORDERED that Arthur's 256 motion for leave to amend is GRANTED IN PART and DENIED IN PART, as further set out in order; further ORDERED that the State's 244 motion to dismiss is DENIED with LEAVE TO REFILE within 7 days after the filing of Arthur's third amended complaint. Signed by Chief Judge William Keith Watkins on 10/5/2015. (wcl, )
April 15, 2016
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MEMORANDUM OPINION AND ORDER: FINDINGS OF FACT AND CONCLUSIONS OF LAW: it is ORDERED that: 1) Judgment is entered in Dfts' favor on Arthur's Eighth Amendment claim, as Arthur failed in his burden of proof at trial; 2) Dfts' 299 motion for summary judgment on Arthur's Eighth Amendment claim is DENIED AS MOOT; 3) Judgment is entered in Dfts' favor on Arthur's Equal Protection claim, as Arthur failed in his burden of proof at trial; 4) Dfts' 268 motion to dismiss and, alternatively, for summary judgment on Arthur's Equal Protection claim is DENIED AS MOOT; 5) The Appendix accompanying this opinion shall be filed UNDER SEAL; 6) The only issue remaining concerns the interplay of the current protocol with Arthur's idiosyncratic health issues and medical condition, which will be addressed later. Signed by Chief Judge William Keith Watkins on 4/15/2016. (Attachments: # (1) Appendix (Filed Under Seal), # (2) Civil Appeals Checklist) (wcl, )
July 19, 2016
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MEMORANDUM OPINION AND ORDER: it is ORDERED as follows: 1) Dfts' 364 Alternative Motion for Summary Judgment on Arthur's as-applied Eighth Amendment claim is GRANTED; and 2) Plf's 367 Motion for a New Trial on his Eighth Amendment claim is DENIED, as further set out in order. Signed by Chief Judge William Keith Watkins on 7/19/2016. (wcl, )